•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A09705 Summary:

BILL NOA09705
 
SAME ASSAME AS S08163
 
SPONSORBarnwell
 
COSPNSRMosley, Zebrowski, Cook, Pellegrino, Englebright, Bronson
 
MLTSPNSR
 
Amd 125.25, 125.26 & 125.27, Pen L
 
Limits the extreme emotional disturbance affirmative defense by removing the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender or sex assigned at birth from the defense.
Go to top

A09705 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9705
 
SPONSOR: Barnwell
  TITLE OF BILL: An act to amend the penal law, in relation to limiting the extreme emotional disturbance affirmative defense   PURPOSE: to not allow bias or discrimination of a victim's sexual orientation, sex, gender, or sex assigned at birth to be used as an affirmative defense in cases of murder.   SUMMARY OF PROVISIONS: Amends the penal code to not allow the affirmative defense of extreme emotional disturbance when the defendant alleges he/she suffered an extreme emotional disturbance upon the discovery by the defendant of the victim's sexual orientation, sex, gender, or sex assigned at birth, in cases where the crime(s) to be charged consist of the following charge(s) Murder in the Second Degree Aggravated Murder Murder in the First Degree   JUSTIFICATION: Nobody should be able to claim they suffered an extreme emotional disturbance in killing someone because they discovered the victim's sexual orientation, sex, gender, or sex assigned at birth. The charge(s) shouldn't be reduced because of such claim. Allowing this to be an affirmative defense and charge(s) reduced, is the state de-facto recognizing this discrimination to be valid. Therefore, this affirmative defense should not be allowed.   LEGISLATIVE HISTORY: New bill   FISCAL IMPACT: None   EFFECTIVE DATE: This act shall take effect immediately
Go to top

A09705 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9705
 
                   IN ASSEMBLY
 
                                    February 2, 2018
                                       ___________
 
        Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT  to  amend  the  penal  law, in relation to limiting the extreme
          emotional disturbance affirmative defense
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (a)  of subdivision 1 of section 125.25 of the
     2  penal law, as amended by chapter 791 of the laws of 1967, is amended  to
     3  read as follows:
     4    (a)  The  defendant  acted  under  the  influence of extreme emotional
     5  disturbance for which there was a reasonable explanation or excuse,  the
     6  reasonableness  of  which  is  to  be determined from the viewpoint of a
     7  person in the defendant's  situation  under  the  circumstances  as  the
     8  defendant  believed  them  to  be, provided, however, it shall not be an
     9  affirmative defense that the defendant  acted  under  the  influence  of
    10  extreme  emotional  disturbance upon the discovery, knowledge or disclo-
    11  sure of the victim's sexual orientation, sex, gender or sex assigned  at
    12  birth.    Nothing contained in this paragraph shall constitute a defense
    13  to a prosecution for, or preclude a conviction of, manslaughter  in  the
    14  first degree or any other crime; or
    15    §  2.  Paragraph  (a)  of subdivision 3 of section 125.26 of the penal
    16  law, as added by chapter 765 of the laws of 2005 and such subdivision as
    17  renumbered by chapter 482 of the laws of 2009, is  amended  to  read  as
    18  follows:
    19    (a)  The  defendant  acted  under  the  influence of extreme emotional
    20  disturbance for which there was a reasonable explanation or excuse,  the
    21  reasonableness  of  which  is  to  be determined from the viewpoint of a
    22  person in the defendant's  situation  under  the  circumstances  as  the
    23  defendant  believed  them  to  be, provided, however, it shall not be an
    24  affirmative defense that the defendant  acted  under  the  influence  of
    25  extreme  emotional  disturbance upon the discovery, knowledge or disclo-
    26  sure of the victim's sexual orientation, sex, gender or sex assigned  at
    27  birth.    Nothing contained in this paragraph shall constitute a defense
    28  to  a  prosecution  for,  or  preclude  a  conviction   of,   aggravated
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14569-02-8

        A. 9705                             2
 
     1  manslaughter  in  the  first degree, manslaughter in the first degree or
     2  any other crime except murder in the second degree; or
     3    §  3.  Paragraph  (a)  of subdivision 2 of section 125.27 of the penal
     4  law, as added by chapter 367 of the laws of 1974, is amended to read  as
     5  follows:
     6    (a)  The  defendant  acted  under  the  influence of extreme emotional
     7  disturbance for which there was a reasonable explanation or excuse,  the
     8  reasonableness  of  which  is  to  be determined from the viewpoint of a
     9  person in the defendant's  situation  under  the  circumstances  as  the
    10  defendant  believed  them  to  be, provided, however, it shall not be an
    11  affirmative defense that the defendant  acted  under  the  influence  of
    12  extreme  emotional  disturbance upon the discovery, knowledge or disclo-
    13  sure of the victim's sexual orientation, sex, gender or sex assigned  at
    14  birth.    Nothing contained in this paragraph shall constitute a defense
    15  to a prosecution for, or preclude a conviction of, manslaughter  in  the
    16  first degree or any other crime except murder in the second degree; or
    17    § 4. This act shall take effect immediately.
Go to top